Citation Nr: 21006231 Decision Date: 02/03/21 Archive Date: 02/03/21 DOCKET NO. 15-45 853 DATE: February 3, 2021 REMANDED Entitlement to a compensable rating for service-connected cardiac arrythmia is remanded. REASONS FOR REMAND The Veteran served on active duty from June 1977 to June 1981, and from May 1983 to April 1990. In February 2019, the Veteran had a hearing before a Veterans Law Judge, who has since retired. The Veteran was informed of this in a December 2020 letter and given an opportunity to request another hearing before the Board. He did not respond. In an August 2019 decision, the Board denied the Veteran’s claim for entitlement to a compensable evaluation for his service-connected cardiac arrythmia. The Veteran appealed the decision to the United States Court of Appeals for Veterans Claims (Court). In a July 2020 Joint Motion for Remand (JMR), the Veteran and the Secretary of Veterans Affairs requested to vacate the Board’s denial of this claim and to remand the issue for readjudication. In July 2020, the Court granted the JMR and remanded the matter for action consistent with the JMR’s terms. The JMR stated that vacatur and remand of this denial were required because the Board failed to ensure VA satisfied its duty to assist by obtaining evidence necessary to substantiate the Veteran’s claim for benefits. Specifically, the following medical records were identified as not being in the file: (1) VA treatment records documenting admission to a VA facility from October 22, 2018, to October 31, 2018; (2) VA treatment records since June 17, 2015; (3) private medical records from the St. Joseph Cardiac Rehabilitation Center in Tacoma, where the Veteran received physical therapy; (4) 2014 physical therapy records from Cardiac Science/VA Puget Sound, and (5) Social Security Administration (SSA) records. Remand is warranted to attempt to obtain these records, to the extent possible. Further, as the last VA examination was conducted in July 2015, the Board finds that the Veteran should be provided a new VA examination to ascertain the current severity of this service-connected disability. In this examination report, the examiner should also attempt to distinguish between the Veteran’s nonservice-connected heart disability symptoms and his service-connected cardiac arrhythmia symptoms. The matters are REMANDED for the following action: 1. Associate the following with the claims file: (a.) All available medical records related to the Veteran’s admission from October 22, 2018, to October 31, 2018, at the Seattle VA Medical Center (VAMC); and (b.) All outstanding treatment records from the VA Puget Sound Health Care System (and associated outpatient clinics) from June 17, 2015, to the present. 2. Send to the Veteran a letter requesting that he provide sufficient information, and if necessary, authorization to enable the Regional Office to obtain any outstanding, pertinent private medical records, to specifically include all available physical therapy records from the Cardiac Science/VA Puget Sound and all available records from St. Joseph Cardiac Rehabilitation Center in Tacoma. Request all identified records. Associate any records received, including negative responses, with the claims file. 3. Associate with the claims file all of the Veteran’s available SSA disability records. 4. DO NOT SCHEDULE THE FOLLOWING until all the above records have been obtained, to the extent possible. 5. Schedule for the Veteran for a VA examination to ascertain the current severity of his service-connected cardiac arrythmia. Upon examination of the Veteran and review of the claims file, the examiner should specifically address the following: (a.) The Veteran is service-connected for cardiac arrythmia, which was found on an EKG during service. He currently also has coronary artery disease and/or ischemic cardiomyopathy. See 2014 versus 2015 VA opinions as to relationship between these conditions and the abnormal EKGs/arrhythmias that occurred during service. Please provide an opinion as to whether it is at least as likely as not that the Veteran’s coronary artery disease and/or ischemic cardiomyopathy are related to the abnormal EKGs/arrhythmias that occurred during service. In doing so, please consider AND EXPRESSLY DISCUSS the prior 2014 and 2015 VA opinions. (b.) If the examiner determines the Veteran’s coronary artery disease and/or ischemic cardiomyopathy are not related to service, then, to the extent possible, please state which of the Veteran’s heart symptoms can be attributed to his service-connected cardiac arrythmia and which symptoms can be attributed to his nonservice-connected heart diagnoses. A detailed rationale should be provided for all opinions. MICHELLE L. KANE Veterans Law Judge Board of Veterans’ Appeals Attorney for the Board L. Durham, Counsel The Board’s decision in this case is binding only with respect to the instant matter decided. This decision is not precedential and does not establish VA policies or interpretations of general applicability. 38 C.F.R. § 20.1303.